Fired police officer argues he should be reinstated

A fired Jacksonville police officer wants his job and the pay he’s missed since Sheriff John Rutherford fired him in the shooting death of an unarmed driver.

Jeffrey Edwards had pulled over Divinian Williams’ Ford Taurus. According to Edwards, the car had sped out of an apartment complex in Arlington and ignored a stop sign, then drove slowly for 900 yards before pulling into a parking lot near Rogero Road and Arlington Expressway. With both cars stopped, Edwards said, he shouted at Williams to put his hands on the steering wheel. Instead, he reached beneath his seat with his right hand and grabbed his door window with his left.

Edwards’ two-day arbitration hearing ended Friday. To fire him, the Sheriff’s Office’s attorney, Derrel Chatmon, must prove more likely than not Edwards needlessly placed himself in danger and used that as justification for shooting Williams. Edwards and his attorney, Tad Delegal, argued the Sheriff’s Office had failed to prove that.

“I think he’s going to be reinstated,” Delegal said after the hearing.

Edwards was fired in September, after an internal-affairs investigation found Edwards violated tactical policy.

During the hearing, arbitrator Aaron Bowden, who is a retired circuit judge, said they were not debating whether Edwards lawfully and reasonably shot Williams. That had already been determined, he said. They were debating tactics.

Edwards testified that the shooting happened this way:

When Edwards pulled his car in behind Williams, he saw Williams fidgeting in his seat. He believed Williams might have been hiding drugs or alcohol, so he called for backup in case he needed help on a driving under the influence arrest.

Williams’ right hand was beneath his seat. Edwards thought he was grabbing a wallet or hiding something underneath the seat. Edwards shined a flashlight and shouted, “Show me your hands! Show me your hands!”

Williams didn’t. Edwards shouted the commands again. Williams remained slouched over with his right hand beneath his seat. Edwards shouted again.

Eventually, after 90 seconds of Edwards shouting, “Show me your hands!” and “Put your hands on top of the steering wheel!” and “Grip the top of the steering wheel and do not let go!” Williams jerked forward. Edwards, who had moved toward the driver’s side of the car, fired seven times.

Before Edwards testified, Rutherford argued the officer had better alternatives, like walking back to his patrol car and waiting for backup or remaining on the back-right side of Williams’ car.

“He clearly articulated in his mind he would be ambushed by the suspect,” Rutherford said. “You don’t place yourself in a position of danger without covering for concealment and then use that as a justification.”

He said his policies are designed to protect officers, and those policies tell Edwards not to place himself on the driver side of a vehicle that might house a threat. He fired Edwards, Rutherford said, to show police officers how important it was they followed policy and didn’t needlessly approach dangerous situations.

‘IN A BAD POSITION’

Michael Williams, Jacksonville Sheriff’s Office director of patrol and enforcement, said Edwards had a right to be afraid, but if he were afraid he should have retreated rather than walked closer to the driver.

“If you request backup,” he said, “you should wait for backup. If nothing changes, then you should wait for that backup officer to arrive.”

He insisted Edwards needed to seek distance and cover from danger. By putting himself on the driver side of the car, Edwards had put himself “in a bad position to not be able to respond in any other way but deadly force,” Williams said.

Edwards and his witnesses argued that walking backward would have put him in the open, he could have tripped over the uneven pavement, and his patrol car had a lower elevation. Tactically, Edwards argued, he felt more secure waiting on the driver’s side of the car in case the suspect opened his door.

The ruling probably will come in April.

Delegal said Edwards should be returned to patrol duty.

“The Sheriff’s Office needs to make sure they don’t second-guess officers who legitimately choose tactics that they think are necessary under the circumstances,” Delegal said. “Officers will face situations in which they have to shoot suspects without first seeing a gun. It is going to happen.”

From these brief details, it seems like his termination will stick. Calling for backup then advancing on the vehicle alone sounds like he put himself in a no-win situation, just as Rutherford said. But I would have no problem with this officer being back on duty.